HomeMy WebLinkAboutRACE PACE PROMOTIONS - 1999-01-04 r
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Council/Agency Meeting Held: lv C '
Deferred/Continued to:
Approved :1 Conditionally Approved l7 Denied Cit ler 's S' nat e
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Council Meeting Date: 121612004 Department lD tuber: C 04-038
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMt3ERS a
SUBMITTED BY: PENELOPE CUL ETA H( AFT, CITY AD INIS RATO 1.
PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVI ~' S
>.
SUBJECT: TERMINATION OF AGREEMENT WITH RACE PAC _
PROMOTIONS TO PROVIDE THE PACIFIC SHORELINE
MARATHON IN HUNTINGTON BEACH
Statement of Issue, Funding Source,Recommended Action,Alternative Actlon(s),Analysis,Environmental Status,Attachments)
Statement of Issue: Race Pace Promotions, producers of the Pacific Shoreline Marathon,
wishes to terminate its agreement with the city.
Funding Source: NIA
Recommended Action: Waive the eleven-month notice provision, and accept Race Pace
Promotions' request for termination of its agreement with the city to conduct the Pacific
Shoreline Marathon..
Alternative Actions : Direct staff to seek another promoter to conduct an annual
marathon.
Analysis: On September 20, 1999, the city entered into an agreement with Race Pace
Promotions to operate the Pacific Shoreline Marathon in the city on Superbowl Sunday from
2000 to 2009. The agreement included a provision (Attachment 1) that either party could
terminate the agreement by providing eleven months written notice. On October 26, 2004,
the Community Services Department received a letter from Herb Massinger, President of
Race Pace Promotions (Attachment 2), that he would no longer conduct the Pacific Shoreline
Marathon, even though the agreement has five years remaining on its term.
Staff is having discussions with another promoter to conduct the 2005 marathon. The event
will be processed through the normal Specific Events Committee and permit procedure. Staff
anticipates recouping all direct costs for the event. In anticipation of securing a promoter,
staff will be seeking approval of resolutions for street closure through CalTrans in a separate
Council action.
REQUEST FOR ACTION
MEETING DATE: 12/6/2004 DEPARTMENT ID NUMBER:CSO4-038
Attachment(s):
NumberCity Clerk's
Page • Description
1. Excerpt from Race Pace Promotions Agreement
2. Letter from Race Pace Promotions
G:1RCA12004104-033 Accept Termination of Race Pace Agreement.doc -2-
i 1110120041:33 PM
ATTACHMENT # 1
NOW, THEREFORE, CITY and RACE PACE do mutually agree that RACE PACE shall
conduct the EVENT on Superbowl Sunday of each January(or on a date mutually agreed to by
the parties) between the years 2000 to 2009 using Huntington Beach as the site under the
following terms and conditions:
SECTION L. AUTHORITY
This Agreement is subject to Huntington Beach Municipal Code, Chapter 5.68, Specific
Events, which requires, among other things, for RACE PACE to apply for and process an annual
permit for the EVENT. Application to the Specific Events Committee may be made at any time_
throughout the year,but not later than ninety(90) days prior to each year's EVENT. Specific
guidelines for each EVENT will be developed each year, depending upon alterations to the
EVENT.
SECTION 2. APPLICATION AND PERMIT FEES
All fees are reviewed and approved by the Huntington Beach City Council on an annual
basis and may be subject to change. RACE PACE shall pay a non-refundable Seventy-five
Dollar($75) application fee prior to each year's EVENT. RACE PACE shall pay a permit fee of
Five Hundred Dollars ($500)per day(EVENT days only),which is due fourteen(14) days prior
to the start of each year's EVENT.
SECTION 3. TERM
This Agreement shall apply to the EVENT for the years 2000 through 2009 and shall
remain in effect until February 1, 2009 (or later in the year 2009 if the parties mutually agree to
hold the EVENT on a subsequent date in the year 2009), or until such time as either party gives
the other party eleven 11)months written notice that it no Ionizer mutually to the terms
and conditions set forth above.
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ATTACHMENT #2
October 26,2004
Jim Engle
Community Services Director
City of Huntington Beach
Huntington Beach, CA
Dear Jim
I am no longer going to be conducting the Pacific Shoreline Marathon. I wish to exercise
my option to cancel the contract with the city. I'm sorry Pm not giving you the l l month
advance notice,but I know from our discussions that you understand.
Thank you for all of your support over the years and I wish you and the Pacific Shoreline
Marathon continued success.
Sincerley,
k4
,**10. OAM�
Herb Massinger
President
Pacific Shoreline Marathon
PCA ROUTING SHEET
INITIATING DEPARTMENT: COMMUNITY SERVICES
SUBJECT: TERMINATION OF AGREEMENT WITH RACE PACE
PROMOTIONS
COUNCIL MEETING DATE: December 6, 2004
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not A licable
Resolution (wlexhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached Li
Not Applicable
(Signed in full bg the City Attome
Subleases, Third Party Agreements, etc. Attached El
Not Applicable
(Approved as to form by City Aftome
Certificates of Insurance (Approved b the City Attome Attached
El
PP Y ry y} Not Applicable
Fiscal Impact Statement (Unbud et, over $5,000 Attached
El
Not Applicable
Attached
Bonds (If applicable) Not A plicable
Staff Report If applicable Attached
p ) Not Applicable
Commission, Board or Committee applicable)Report If a Attached
p ( pp Not Applicable
s/Conditions for Approval and/or Denial Attached
-Find
g pp Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Assistant City Administrator Initial 1
City Administrator Initial
City Clerk
EXPLANATION FOR RETURN OF ITEM:
(Below • . Only)
RCA Author;
�, ,� CITY OF HUNTING°TON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPNIENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE:
TO: Alto jffi s S,12 o c..' ATTENTION: �!'
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Street
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City,Stale,Zip
See Attached Action Agenda Item Date of Approval T
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
Connie Brockway
City Clerk
Attachments: Action Agenda Page Agreement ✓ Bonds Insurance
�// RCA^ Deed Other
CC: 1�. S411aR &ir,nWn��u r✓icr� .1���. ,i r
Name -1 Department RCA Agreement Insurance Other
162124 A min S� ✓ ✓ _1z
Name � Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
Received by Name- Company Name-Date
G:rat loµ upl[.etters;covcrltr
{Telephone:714-536.5227)
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Council/Agency Meeting Held: q-.10 y
Deferred/Continued to: '
A rov 0 Conditionally ADDrOved 0 Denied Afo- City Clerk's Signatur
Council Meeting Date: September 20, 1999 Department ID Number: CS99-029
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CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION -�
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SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL �-
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SUBMITTED BY: RAY SILVER, City AdministratoraW
PREPARED BY: RON HAGAN, Community Services Directo
A
SUBJECT: APPROVE A 10-YEAR AGREEMENT WITH RACE PACE PROMOTIONS
TO HOST THE PACIFIC SHORELINE MARATHON IN HUNTINGTON
BEACH ON AN ANNUAL BASIS BEGINNING IN 2000.
REPEAL RESOLUTION NO. 99-1 AND ADOPT A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FOR THE
TEMPORARY CLOSURE OF PACIFIC:COAST HIGHWAY FOR THE
PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH
REPEAL RESOLUTION NO. 99-2 AND ADOPT A RESOLUTION FOR THE
TEMPORARY CLOSURE OF PORTIONS OF GOLDEN WEST AVE.,
GARFIELD AVE., EDWARDS AVE., SEAPOINT AVE., INLET DR., AND
CENTRAL PARK DR. FOR THE PACIFIC SHORELINE MARATHON IN
HUNTINGTON BEACH 1 -- - - - ' We, /t/a5• q9- 7l ff 7Z
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attac#rment(s) 11
Statement of Issue: Staff is requesting City Council approval of a new ten year agreement
with Race Pace Promotions, and adoption of two new resolutions to expand the race course
for the Pacific Shoreline Marathon in Huntington Beach in order to continue to build a world
class marathon in the City of Huntington Beach and to showcase more portions of the city.
Funding Source: Not applicable.
Recommended Actions: Motion to:
1. Approve a new ten-year agreement with inclusion of revenue sharing with Race Pace
Promotions to operate the Pacific Shoreline Marathon in Huntington Beach with an expanded
course, and authorize the Mayor and City Clerk to execute same; and
2. Repeal Resolution No. 99-1 and adopt Resolution 99-7 ) for the temporary closure of
Pacific Coast Highway as required by Caltrans for the Pacific Shoreline Marathon each year
on the Sunday of the last weekend of January; and
RCA Race Pace Agreement — August 26,199912:56 PM
'e" I q
REQUEST FOR ACTION
MEETING DATE: September 20, 1999 DEPARTMENT ID NUMBER: CS 99-029
3. Repeal Resolution No. 99-2 and adopt Resolution 9A-?Z. for the closure of local streets
for the Pacific Shoreline Marathon each year on the Sunday of the last weekend of January.
Iternative Actions : Do not approve a new ten-year agreement with Race Pace
Promotions to host the Pacific Shoreline Marathon in Huntington Beach. Do not approve
new resolutions for the temporary closure of Pacific Coast Highway and other local streets for
the Pacific Shoreline Marathon.
Analysis: On January 4, 1999 City Council adopted Resolutions 99-1 and 99-2 for street
closure, and approved a ten-year agreement with Race Pace Promotions for the operation of
the Pacific Shoreline Marathon in Huntington Beach. City Council also directed staff to
amend the Race Pace agreement to include a provision concerning revenue sharing. For the
past six months, staff has been working on a revenue sharing model which is now completed
(Attachment 1, Exhibit A). Staff has prepared a new ten-year agreement with Race Pace
Promotions to host the Pacific Shoreline Marathon in Huntington Beach.
In order to build a world class marathon in the City of Huntington Beach the event organizers,
Race Pace Promotions and the sponsors of the Pacific Shoreline Marathon strongly believe it
is-imperative to alter the course in 2000. Race Pace Promotions has proposed a new course
layout that changes the configuration of the marathon to- add diversity to the -route. The
former course ran back and forth along the coastline in Huntington Beach. The new course
showcases the city by running along the coastline,-inland through Bolsa Chica to Huntington
Central Park and back to the coast (Attachment 2). The new course will open portions of
Pacific Coast Highway earlier to traffic.
The Specific Event Committee has reviewed and approved the new course after making
some alterations based upon the input of public safety personnel and Public Works. While
there are some impacts to city residents, extensive notification will be done and additional
staff and volunteers will make sure that all streets are reopened as soon as possible. In
addition, local charities provide volunteers and benefit from the event. The event occurs on
the Sunday of the last weekend in January when there are no other city or beach events.
with the expanded course, it is necessary for City Council to repeal the earlier resolutions
and adopt .new resolutions for the closure of Pacific Coast Highway as well as portions of
Seapoint, Edwards, Golden West, Garfield, Inlet, and Central Park Drive..
Environmental Status: Not applicable.
Attachmentfsl•
Page Number No. Descriplior)
.............
1 Agreement
. 2 Proposed Course Map
3 Resolution for the temporary closure of Pacific Coast Highway
4 Resolution for the temporary closure of local city streets
RCA Race Pace Agreement -2- September 9, 1999 1:59 PM
ATTACHMENT
# 1
MUTUAL AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND RACE PACE PROMOTIONS TO PROVIDE THE
PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH
THIS AGREEMENT ("Agreement") is made and entered into this 20th of
Se tember, 1999, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY," and RACE PACE
PROMOTIONS, a sole proprietorship, hereinafter referred to as "RACE PACE."
WHEREAS, CITY wishes to be the host site for the Pacific Shoreline Marathon in
Huntington Beach ("EVENT"), and
RACE PACE wishes to conduct the EVENT in Huntington Beach, California, and
RACE PACE has conducted the EVENT on Superbowl Sunday of each January since
1995 in Huntington Beach, and
RACE PACE desires to continue conducting the EVENT on Superbowl Sunday of each
January between the years 2000 and 2009 using Huntington Beach as the site for the EVENT;
and
CITY has received financial and other benefit from the EVENT since it has been
conducted by RACE PACE and desires RACE PACE to continue to conduct the EVENT using
Huntington Beach as the site between the years 2000 to 2009 resulting in financial and other
benefit to CITY; and
It is in the best interest of both parties to agree to the general parameters of the terms and
conditions herein in order to achieve the above.
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NOW, THEREFORE, CITY and RACE PACE do mutually agree that RACE PACE shall
conduct the EVENT on Superbowl Sunday of each January (or on a date mutually agreed to by
the parties) between the years 2000 to 2009 using Huntington Beach as the site under the
following terms and conditions:
SECTION 1. AliTHORITY
This Agreement is subject to Huntington Beach Municipal Code, Chapter 5.68, Specific
Events, which requires, among other things, for RACE PACE to apply for and process an annual
permit for the EVENT. Application to the Specific Events Committee may be made at any time
throughout the year, but not later than ninety(90) days prior to each year's EVENT. Specific
guidelines for each EVENT will be developed each year, depending upon alterations to the
EVENT.
SECTION 2. APPLICATION AND PERMIT FEES
All fees are reviewed and approved by the Huntington Beach City Council on an annual
basis and may be subject to change. RACE PACE shall pay a non-refundable Seventy-five
Dollar(S75) application fee prior to each year's EVENT. RACE PACE shall pay a permit fee of
Five Hundred Dollars ($500) per day (EVENT days only), which is due fourteen.(]4) days prior
to the start of each year's EVENT.
SECTION 3. TERM
This Agreement shall apply to the EVENT for the years 2000 through 2009 and shall
remain in effect until February 1, 2009 (or later in the year 2009 if the parties mutually agree to
hold the EVENT on a subsequent date in the year 2009), or until such time as either party gives
the other party eleven (11) months written notice that it no longer mutually agrees to the terms
and conditions set forth above.
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SECTION 4. EXCLUSIVITY
For the term of this Agreement, the sole, exclusive, and only recognized Olympic-
distance marathon to be conducted on public property in the City of Huntington Beach shall be
the Pacific Shoreline Marathon.
SECTION 5. PROPRIETARY INTEREST IN MARATHON NAME
In the event this Agreement is terminated for any reason and at the conclusion of the term
of this Agreement, the name "Pacific Shoreline Marathon" shall be the sole property of RACE
PACE."
SECTION 6. REVENUE SHARrNG
Beginning in the year 2005, CITY shall share in total revenue produced by RACE PACE
according to the formula contained in the CITY's "Event Budget Information Worksheet,"
attached hereto as Exhibit "A" and incorporated into this Agreement by this reference. By no
later than sixty(60) days from the date of that year's EVENT, RACE PACE shall perform both
of the following: (1) submit to CITY final reconciliation figures supporting the revenue sharing
amount calculated pursuant to CITY's "Event Budget Information Worksheet," and (2) pay any
such revenue sharing amount owed to CITY. If CITY does not receive this annual revenue
sharing amount by no later than sixty(60) days from the date of that year's EVENT;then RACE
PACE shall pay a late charge of one and a half percent (1 %z%) per month for each month
payment hereunder is due but unpaid. Should any dispute arise concerning the calculation of the
CITY's net revenue sharing under the provisions of Exhibit "A," the parties hereto shall select a
mutually agreeable certified public accountant to serve as a mediator and thereafter engage in a
good faith effort to mediate and resolve any dispute concerning such calculation prior to either
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party filing an action with regard to such dispute. The cost of the mediator shall be divided
equally between the parties.
SECTION 7. ALCOHOL SPONSORSHIP
The fee for alcohol sponsorship (including a television contract) is Four Thousand Five
Hundred Dollars ($4,500). Alcohol sponsorships also require that alcohol beverage advertising
include at least 20 percent (20%) of the total sign area to incorporate educational message
statements such as, "No Alcoholic Beverage Consumption on the Beach" and "Don't Drink and
Drive."
SECTION 8. FILM PERMIT
A film permit is required for videotaping or filming of the EVENT. The costs include a
Fifty Dollar(S50) application fee and a Five Hundred Dollar (5500) per day permit fee. If the
above-mentioned alcohol sponsorship is paid, filming permit fees are included in the alcohol
sponsorship.
SECTION 9. FIRE DEPARTMENT REQUIREMENTS
Emergency medical response plans must be developed in cooperation with and approved
by CITY's Fire Department. Emergency vehicle access must be maintained throughout the
EVENT at all times. A fire permit will be required for the use of tents and canopies.-The cost is
One Hundred Twenty-five Dollars ($125), which RACE PACE shall pay prior to each year's
EVENT. A fire inspection will also be required on the final set-up days prior to each phase of
the EVENT. Radio communication between RACE PACE staff, volunteers and CITY public
safety staff must be maintained at all times during the EVENT. The radio communication plan is
the responsibility of RACE PACE and must be approved by CITY's Fire and Police Departments
and the Marine Safety Division.
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SECTION 10. POLICE DEPARTMENT REQUIREMENTS
The total cost for police services will be estimated each year depending on the EVENT
size. RACE PACE shall pay this total cost prior to each year's EVENT. The plan for volunteer
placement for the purpose of monitoring road closure intersections must be approved by CITY's
Police Department. RACE PACE shall sufficiently train volunteers and instruct them to remain
at their designated site until the roads are reopened. Provided, however, that RACE PACE, with
the CITY's prior written consent, may contact and obtain services from other agencies, such as
the Orange County Sheriffs Department, to assist in the organization of the EVENT.
SECTION 11. HOLD HARMLESS
RACE PACE shall protect, defend, indemnify and save and hold harmless CITY, its
officers, officials, and employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature) arising
out of or in connection with RACE PACE's performance of this Agreement or its failure to
comply with any of its obligations contained in this Agreement by RACE PACE, its officers,
agents or employees except such loss or damage which was caused by the sole negligence or
willful misconduct of CITY.
SECTION 12. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, RACE PACE acknowledges awareness
of Section 3700 et seq. of said Code, which requires every employer to be insured against
liability for workers' compensation; RACE PACE covenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
Unless RACE PACE files with CITY an approved signed Declaration of Non-Employer
Status, RACE PACE shall maintain workers' compensation insurance in an amount of not less
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than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One
Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred
Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
RACE PACE shall require all subcontractors to provide such workers' compensation
insurance for all of the subcontractors' employees. RACE PACE shall furnish to CITY a
certificate of waiver of subrogation under the terms of the workers' compensation insurance and
RACE PACE shall similarly require all subcontractors to waive subrogation.
SECTION 13. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and RACE PACE's covenant to
indemnify CITY, RACE PACE shall obtain and furnish to CITY, a policy of general public
liability insurance, including motor vehicle coverage covering the EVENT. Said policy shall
indemnify RACE PACE, its officers, agents and employees, while acting within the scope of -
their duties, against any and all claims arising out of or in connection with the EVENT, and shall
provide coverage in not less than the following amount: combined single limit bodily injury and
property damage, including products/completed operations liability and blanket contractual
liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than S1,000,000 for this
EVENT. Said policy shall name CITY, its agents, its officers, employees and volunteers as
Additional Insureds, and shall specifically provide that any other insurance coverage which may
be applicable to the EVENT shall be deemed excess coverage and that RACE PACE's insurance
shall be primary.
Under no circumstances shall the above-mentioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
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SECTION 14. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, RACE PACE shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty (30) days prior
written notice; however, ten (10) days prior written notice in the event of
cancellation for nonpayment of premium.
RACE PACE shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by CITY.
The Agreement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of CITY by RACE PACE under the Agreement. CITY or its
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. RACE PACE shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
SECTION 15. BUSINESS LICENSE
The following types of businesses that are not currently licensed in CITY are required to
have a City of Huntington Beach business license for specific events:
A. Any business or organization sponsoring or promoting the EVENT.
B. A vendor of food or merchandise.
C. A business making a pickup or delivery.
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D. A business performing a service, e.g., installing a public announcement system,
setting up bleachers, security, etc.
E. A band or musical group providing entertainment.
F. A business advertising a product.
G. A nonprofit organization soliciting or distributing literature. .(There is no fee for
nonprofit organizations if proper documents are provided.)
There are several different ways of obtaining a business license, such as a"blanket style"
taken out by the promoter of the event which would cover everyone involved. A one-day license
is also an option. An additional fee schedule is available based on the number of days and
number of vendor booths or stalls. This can be purchased on an annual or per event basis. A
business license for a specific event should be purchased a minimum of one (1) week prior to the
event. RACE PACE shall obtain the appropriate business license from CITY prior to each year's
EVENT.
SECTION 16. PUBLIC WORKS
A Closure Plan shall be adopted prior to each year's EVENT. Closure of Pacific Coast
Highway must adhere to guidelines set out and approved by the California Department of
Transportation ("Cal Trans"). Closure of CITY streets must be approved by resolution of the
City Council. Changes in the course may be necessary due to construction or public safety
needs; provided, however that if any of CITY's construction projects requires a change of the
course, then CITY shall be responsible for the costs to change the course. These changes must
be initially reviewed by the Specific Events Committee and CITY's Traffic Engineering
Division, with final approval by the Director of Public Works. Any changes to the Closure Plan
for state highways must obtain approval from Cal Trans. CITY's Public Works Department is
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• •
responsible for the posting of NO PARKING signs; the cost of this service will be determined by
CITY's Public Works Department and paid by CITY's Specific Events Committee prior to each
year's EVENT. All temporary power needs where there is a need to access CITY electrical
power must be coordinated through CITY's Public `Yorks Department. The cost for this service
will be determined on an annual basis and paid by CITY's Specific Events Committee prior to
each year's EVENT. CITY will work in cooperation with RACE PACE to notify residents and
businesses that are affected by the road closure; CITY shall print and distribute such
notifications. Notwithstanding any of the foregoing, the parties may mutually agree to a change
in the Closure Plan.
SECTION 17. BANNERS
There are numerous banner-locations on light poles both on the pier and throughout the
CITY. For banners located on Beach Boulevard or Pacific Coast Highway, RACE PACE is
required to obtain a Cal Trans permit. No commercial advertising is permitted on either
thoroughfare. The cost of installing and removing banners and location availability is
determined by CITY's Public Works Department and paid by RACE PACE prior to each year's
EVENT. There are also three locations on Main Street for banners across the street and one
location at Pier Plaza. Reservations are subject to availability and all banners must comply with
CITY specifications. CITY and RACE PACE agree to consider a permanent signage program to
promote the EVENT pursuant to a further mutual agreement between the parties.
SECTION 18. BEACH PARKING
Subject to approval by the Community Services Director, RACE PACE may arrange
parking for VIPs and participants for One Dollar(S 1) per space per day. Parking meters in the
downtown area will be operational during the EVENT and anyone parking in the downtown
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parking structure will be charged the regular rate. RACE PACE will submit a plan for CITY's
written approval for all parking for EVENT volunteers and vendors with City's Community
Services Parking Supervisor. RACE PACE and CITY will endeavor to make reasonable
accommodations for the parking needs of beach concessionaires operating under leases from
CITY ("BEACH CONCESSIONAIRES").
SECTION 19. BEACH CONCESSIONAIRES
RACE PACE shall be permitted to provide food and beverages for the EVENT staff, race
participants, and general public within the EVENT area. The EVENT area shall be defined as to
each race on the annual permit issued by CITY. Dispensing food and beverages outside of the
EVENT area by RACE PACE will not be permitted without CITY's prior written approval.
With regard to the food and beverages served within the beach portion of the EVENT area,
RACE PACE shall provide notice of the EVENT to any BEACH CONCESSIONAIRE identified
in Exhibit"B" hereto (which may be modified from time to time by CITY) at least ninety(90)
days prior to each year's EVENT. Any of the BEACH CONCESSIONAIRES will be allowed to
sell its food and beverages at a booth to be located within the EVENT exposition area(which
will be determined by CITY for each year's EVENT) at no cost to the participating BEACH
CONCESSIONAIRE.
SECTION 20. MARINE SAFETY
Lifeguard emergency access must be maintained throughout the EVENT at all times.
CITY's area of responsibility is from Seapoint Street to Beach Boulevard. RACE PACE shall be
responsible for obtaining the State's approval for maintaining lifeguard emergency access for the
areas along the beach and service road beyond these boundaries. Signs must be posted along the
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beach service road thirty(30) days in advance of advising the public of the EVENT. RACE
PACE shall pay for these costs prior to each year's EVENT.
SECTION 21. BEACH MAINTENANCE
Portable rest rooms and trash pickup and removal should follow the established
guidelines (one unit per five hundred (500) attendees, serviced daily.) If relocation of lifeguard
towers is necessary to accommodate the EVENT, there will be a charge for this service, which
RACE PACE shall pay prior to each year's EVENT.
SECTION*22. COMMUNITY DEVELOPMENT
RACE PACE is required to obtain a building permit for bleachers and platforms prior to
each year's EVENT. RACE PACE shall submit plans for approval a minimum of forty-five (45)
days prior to each year's EVENT. RACE PACE is required to obtain an electrical permit for
vehicle-mounted or portable generators prior to each year's EVENT. The EVENT must be in
compliance with the Americans with Disabilities Act.
SECTION 23. CITY EMPLOYEES AND OFFICIALS
RACE PACE shall employ no CITY official nor any regular CITY employee in the work
performed pursuant to this Agreement. No officer or employee of CITY shall have any financial
interest in this Agreement in violation of the applicable provisions of the California Government
Code.
SECTION 24. ASSIGNII`G AS BREACH
RACE PACE shall not encumber, assign, or otherwise transfer this Agreement, or any
right or interest in this Agreement, without the express written consent of CITY first had and
obtained. A consent by CITY to one assignment or transfer to another person shall not be
deemed to be a consent to any subsequent assignment or transfer to another person. Any
Page 11 of 13
g:'agree.-RacePac5/jmf jal08!24 99
encumbrance, assignment or transfer, without the prior written consent of CITY, whether it be
voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of
CITY, terminate this Agreement. Notwithstanding the foregoing, RACE PACE may encumber,
assign, or otherwise transfer its rights-and obligations under this Agreement to another business
entity which Herbert Massinger holds at least fifty-one percent (51%) interest and is actively
involved in its management.
SECTION 25. NOTICES
Any notice or special instructions required to be given in writing under this Agreement
shall be given either by personal delivery to RACE PACE or to CITY's Director of Community
Services as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, addressed as follows:
TO CITY: TO RACE PACE:
Ron Hagan Herbert Massinger
Director of Community Service RACE PACE PROMOTIONS
City of Huntington Beach 315 Third Street, Suite O
2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648
Huntington Beach, CA 92648.
SECTION 26. LEGAL SERVICES SUBCONTRACTING PROHIBITED
RACE PACE and CITY agree that CITY is not liable for payment of any subcontractor
work involving legal services, and that such legal services are expressly outside the scope of
services contemplated hereunder. RACE PACE understands that pursuant to Huntington Beach
City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY
shall not be liable for payment of any legal sen-ices expenses incurred by RACE PACE.
[SIGNATURES ON NEXT PAGE]
Page 12 of 13
g:/agree/RacePac 5/j mfi j N08/24/99
SECTION 27. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
SECTION 28. ENTIRETY
The foregoing, and Exhibits "A" and "B" attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
RACE PACE PROMOTIONS, CITY OF HUNTINGTON BEACH,
a sole proprietorship a municipal corporation of the
State of California
By:
Mayor
(print name)
Its Owner ATTEST:
'!�� 4&
City Clerk 47
APPROVED AS TO r
RM:
— " Z
'�-j/4ke�: —
City q Attorney o
REVIEWED AND APPROVED: INITIATED AND APPROVED:d Z401"rlvw-
// I
City A ministrator Vbireciofgf Community Services
Page 13 of 13
g:/agree/RacePac5/jmf/jn/08/24/99
0
,y83/24/1,399 14:3' 7145492943 WIGMORE INSURANCE PAGE 02
1111 08/24/1999
WOW" (714)979-6543 FAX (71QS49�4 43- THIS CERIEIS 1880roAS*WATTEROfiN k1ATM
i mare insurance A envy, Inc. I ONLY AMD CQNfERS NO RIGHTS UPON THE CERTIFICATE
9 g y 140U ER_THIS GEWIFICATE DOES NOT AMEND,EXTEND OR
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:970 Harbor Blvd. #215 ; COMPANtiES AFFORDING COVERAGE
:osta Mesa, CA 92626 1 COMP MY Zurich-American
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31S 3rd St. Ste 00
Huntington Beach, CA 92548-5182 `OMP"W j
COMPANY
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THIS IS TO CEWtWV THAT ThE POLICIES OFF INSURANCE LIST BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER100
IN01CATO,NOTWITHSTANDING ANY REQUIREMENT.TERM CONDITION OF ANY CONTRACT OR OTHER 170C131AENT WT14 RESPECT TO WHICH THIS
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08/23/1999 02:30 7145360955 RA PAGE 02
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&AVERY'" , RECYCLED PAPER MADF FROM 0%POST CONSUMFR CONTCW
a
m
x
W
t4- . , -
CITY OF HUNTINGTON BEACH
SPECIFIC EVENTS REVENUE IMPACT MODEL
ECONOMIC IMPACT ON LOCAL RETAIL ECONOMY
NAME OF EVENT: ESTIMATED ATTENDANCE:
CATEGORY # MULTIPLIER ESTIMATED IMPACT
NUMBER OF ROOM NIGHTS $0
NUMBER OF MEALS PURCHASED $0
NO. OF SHOPPERS(ATTENDANCE) $0
NO. OF PARKING SPACES $00
A. TOTAL ESTIMATED IMPACT ON LOCAL RETAIL $0
DIRECT SPENDING BY EVENT ORGANIZER
PRE EVENT VISITATIONIBUSINESS $0
EVENT SPONSOR SPENDING $0
MEDIA CONTRIBUTION W-
B. TOTAL DIRECT SPENDING $0
GOVERNMENT REVENUE
ROOM TAX $0 X 10% $0
SALES TAX $0 X 1% $0
PERMIT FEES PAID TO CITY
PERMIT FEES PAIDIOTHER AGENCIES
COST RECOVERY FEES TO CITY
COST RECOVERY FEES OTHER AGENCIES
REVENUE SHARING AMOUNT PAID $0
C. TOTAL GOVERNMENTAL REVENUE $0
TOTAL ESTIMATED ECONOMIC IMPACT OF EVENT
TOTAL A + B+ C $0
ESTIMATED ECONOMIC IMPACT PER ATTENDEE #DIV101
EXHIBIT "A"
EVENT BUDGET INFORMAMON WORKSHEET
NAME OF EVENT: DATES OF EVENT:
EVENT R ENU : AMOUNT
TELEVISION
SPONSORSHIP
TICKET SALES
MERCHANDIZE SALES
LICENSING
CONCESSIONS
OTHER
TOTAL REVENUE $0
EVENT EXPENSES:
PRE EVENT DEVELOPMENT
PAYROLL
CONTRACT SERVICES
EQUIPMENT RENTAL
STAGING
PUBLICITY/ADVERTISING
PERMIT FEES/LICENSES
COMMISSIONS
INSURANCE
ADMINISTRATION/OVERHEAD
PETTY CASH
DONATIONS TO CHARITY
OTHER
TOTAL EXPENSES L0
TOTAL EVENT NET REVENUE $0
THIS FORM MUST BE SUBMITTED SUBJECT TO Section 6 REVENUE SHARING
®AVERY'- 7�� RECYCLED RAPER MADE FROM PO%POST CONSUMER CONTENT
I
I
•
EXHIBIT "B"
The Beach Hut 536-2752 Duke's Surf City Restaurant
21529 Pacific Coast Highway 317 Pacific Coast Highway
Roy McClymonds Huntington Beach CA 92648
8262 Niland Way Bret Barnes, Mgr. 374-6446
Garden Grove CA 92644 TS Restaurants
536-2752 Sandy Saxton
225 Plaza St., Ste. 300
Dwight's 536-8083 Solana Beach CA 92075
201 Pacific Coast Highway (619) 792-6690
& Jack's 536-8328
21291 Pacific Coast Highway Chlmayo's Restaurant
Jack Clapp (under Duke's)
1210 Main Street Dirk Smith, Mgr. 374-7273
Huntington Beach CA 92648 Culinary Adventures Inc.
536-2603 Rudy Pollak
567 San Nicolas Dr., Ste. 400
Ruby's Surf City Diner 969-7829 Newport Beach CA 92660
1 Main Street (949) 718-4631
Doug Cavanaugh
110 Newport Center Drive, Ste. 110 Waterfront Beach Cabana 536-2631
Newport Beach CA 92660 21351 Pacific Coast Highway
644-7829, X-104
Vic's 536-3989
21003 Pacific Coast Highway
Monte Nitzkowski
7041 Seal Circle
Huntington Beach CA 92648
536-3989
Zack's Too 536-2696
21579 Pacific Coast Highway
& State Beach Concessions &
Zack's Pier Plaza 536-0215
Mike All
19105 C Beachcrest Lane
Huntington Beach CA 92646
962-2207
ATTACHMENT 2
Z 3 LJ J Z
= VARNER AVE
WARNER AVE i\
\� SLATER AVE
TALBERT AVE TALBERT AVE
W
�\ J
\\ � ELL73 AVE CLL[S AVE
Ti
\\\ CARPIELO vE
\\ GAR"ELO AVE
\\ \ YORKTOVN AVE
\
A
\ ` AllAMS AVE
r' \
iN1'[ANAP0.[S AVE
■ START \• ATLANTA AVE
\ N
apt
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• FINISH v
z5 HIWILTON AVE
. j
v
Utlnva"Ow*o AwrT REVISIONS
2000 PACFIC SWCQELAC
MARATHON
ATTACHMENT #3
i •
RESOLUTION NO. 99-71
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REQUESTING CALTRANS
APPROVE THE CLOSING OF PACIFIC COAST HIGHWAY FOR THE
HUNTINGTON BEACH PACIFIC SHORELINE MARATHON RUN
WHEREAS, the City Council of the City of Huntington Beach desires to support
community events and bring tourism to the City; and
The City of Huntington Beach is a participating host to the Pacific Shoreline Marathon
run on January 30, 2000, and;
This community event will require the closing of Pacific Coast Highway, which requires
approval of Caltrans,
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of
Huntington Beach requests. that Caltrans approve the closure of Pacific Coast Highway
between Beach Boulevard and Warner Avenue on January 30, 2000, to accommodate the
participants in the Huntington Beach Pacific Shoreline Marathon.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held thereof on the 20th day of_ _ September 1999.
ATT,jST: Mayor
' �'7ui APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED P SS City Attorney
� .w.r INITIATED e
PR- ED: 1
City Agfninistrator T
D646rof Co unity Services
99resolutionlmarathon108l30199
Res. No. 99-71
STATE OF CAOFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTIItiGTON BEACH )
I, CONNIE BROCKWAY. the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the ZOth day of September, 1999 by the
following vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman
NOES: Sullivan
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio Clef of the
City Council of the City of Huntington
Beach, California
ATTACHMENT ..................# 4
RESOLUTION NO. 99-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH FOR THE TEMPORARY CLOSURE OF
PORTIONS OF GOLDENWEST STREET, GARFIELD AVENUE,
EDWARDS STREET, SEAPOINT INLET AND CENTRAL PARK
DRIVE FOR THE PACIFIC SHORELINE MARATHON RUN
WHEREAS, the City Council of the City of Huntington Beach desires to support
community events and bring tourism to the City; and
The City of Huntington Beach is a participating host of the Pacific Shoreline
Marathon run in January of each year on the last Sunday of the month, and;
The event organizers, Race Pace Promotions to build a world-class marathon in the
City of Huntington Beach and to showcase portions of the City, and;
This community event will require the closing of city streets to accommodate
participants and guarantee public safety,
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of
Huntington Beach approves the closure of portions of Goldenwest Street, Garfield Avenue,
Edwards Street, Seapoint Inlet and Central Park Drive, or other streets as deemed
necessary for event management and public safety on Sunday January 30, 2000.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of Se er. , 1999.
ATT� Mayo
44
City Clerk to, APPROVE AS TO FO {V1:
REVIEWED.AND APPROVED: -� Cit Attorney
INITIATEDe
PP OVED:
City Ad inistrator
0146to'f 65tommunity Services
99resoluiion.'closea%-e;08/30j99
Res. No. 99-72
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HI:NTINGTON BEACH )
.f, CONNIE BROCKWAY, the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 20th day of September, 1999 by the
following vote:
AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman
DOES: Sullivan
ABSENT: None
ABSTAIN: None
City Clerk and ex-officio CRrk of the
City Council of the City of Huntington
Beach, California
----- '----'-----' --- - -- - - - ----
CP
�2
°-~v
csb
Council/Agency Meeting Held: 4ki
600. 10
D erred/Continued to:
jAgro ved Conditio Iy Ap ro d ❑ ied Pv r±berk's Signature
Council Meeting Date: January 4, 1999 Department ID Number: CS 99-002
CITY OF HUNTINGTON BEACH
REQUEST FOR ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL
SUBMITTED BY: RAY SILVER, City Administratorj� Tom'
PREPARED BY: RON HAGAN, Community Services Direct
SUBJECT: APPROVE A 10-YEAR AGREEMENT WITH RACE PACE PROMOTIONS
TO HOST THE PACIFIC SHORELINE MARATHON IN HUNTINGTON
BEACH ON AN ANNUAL BASIS BEGINNING IN YEAR 2000.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH FOR THE TEMPORARY CLOSURE OF PACIFIC
COAST HIGHWAY, AND ADOPT A RESOLUTION FOR THE TEMPORARY
CLOSURE OF PORTIONS OF GOLDENWEST AVE., GARFIELD AVE.,
EDWARDS AVE., ELLIS AVE., PALM AVE., AND SEAPOINT AVE. FOR
THE PACIFIC SHORELINE MARATHON IN HUNTINGTON BEACH FOR
THE YEARS 2000-2010.
Statement of Issue,Funding Source,Recommended Action,Alternative Actions),Analysis,Environmental Status,Attachment(sj
Statement of Issue: Staff is requesting City Council approval of a ten year agreement with
Race Pace Promotions and two resolutions to expand the race course for the Pacific
Shoreline Marathon in Huntington Beach in order to continue to build a world class marathon
in the City of Huntington Beach and to showcase more portions of the city. In order to solicit
increased sponsorships to build the event, the race organizers need to have a long-term
commitment from the City of Huntington Beach and the city needs a long-term commitment in
order to serve as a host site for the event.
Funding Source: Not applicable. 'Dirxct' ,5trr_'r 4h�r_ eo".6r'c& �;R 5-et J%to ua H -IA e / tor
�trl t
ua i ofroc-ee Recommended Action: /aerss�C c es f�� .v .fy .�rcu ii m eqY?ee! are e/a�.s�
1. Approve a ten-year agreemenrwit�Race Pace Promotions to operate the Pacific
Shoreline Marathon in Huntington Beach with an expanded course.. nd authorize the Mayor
and City Clerk to execute same; and
rca.doc — 12/29/9812:52 PM
REQUEST FOR ACTION
MEETING DATE: January 4, 1999 DEPARTMENT ID NUMBER: CS 99-002
2. Adopt Resolution for the temporary closure of Pacific Coast Highway for the
event as required by Caltrans each year on the Sunday of the last weekend of the month of
January; and
3. Adopt Resolution for the closure of local streets for the event each year on the
Sunday of the last weekend of the month of January.
Alternative Action(s): Do not approve a ten-year agreement with Race Pace Promotions to
host the Pacific Shoreline Marathon in Huntington Beach. Do not approve resolutions for the
closure of Pacific Coast Highway and for the closure of local streets for the event.
Analysis: Huntington Beach has hosted the Pacific Shoreline Marathon since 1997 on the
last Sunday of the month of January: The event includes a marathon, half marathon and
1015K run. Within its brief history, the Pacific Shoreline Marathon has established itself as
the premier roadracing event in Orange County In 1998, it's second year of operation, the
event doubled in the number of participants with a total of approximately 5,000 runners. The
Pacific Shoreline Marathon attracts runners from over 300 cities in California and throughout
the United States and several other countries. There is also a large Huntington Beach
participant base, making the event both a destination for tourists and a local community
event.
In order to build a world class marathon in the City of Huntington Beach the event organizers,
Race Pace Promotions and the sponsors of the Pacific Shoreline Marathon strongly believe it
is imperative to alter the course in year 2000. Race Pace Promotions has proposed a new
course layout that changes the configuration of the marathon from a course that runs back
and forth along the coastline in Huntington Beach to one that showcases the city, running
along the coastline, inland through Bolsa Chica to Huntington Central Park and back to the
coast (see attached map).
This change is necessary to entice runners to return, to interest new runners and to solicit
increased sponsorships. There is considerable more cost to the promoter to operate this
new course. In order to obtain the sponsorship necessary to build the event, race organizers
need to have a long-term commitment from the City of Huntington Beach declaring its
commitment to serve as a host site. Conversely, the city, by making a long term commitment
to host the Pacific Shoreline Marathon in Huntington Beach will insure that as the event
develops and grows, the promoters will not take this successful event to a new location.
The Specific Event Committee has reviewed the course and alterations were made based
upon the input of public safety personnel and Public Works. While there are some impacts to
city residents as a result of the new course, extensive notification will be done and additional
staff and volunteers will make sure that all streets are reopened as soon as possible.
rca.doc -2- 12/29/98 12:52 PM
I
REQUEST FOR ACTION
MEETING DATE: January 4, 1999 DEPARTMENT ID NUMBER: CS 99-002
The event is self-supporting and promoters pay all costs including city costs. In addition local
charities provide volunteers and benefit from the event. The event occurs on the Sunday of
the last weekend in January when there are no other city or beach events.
Environmental Status: Not applicable.
Attachment(s):
City Clerk's
• . . - Number No. Description
.........:.:...........:.. 1 Agreement
2 Proposed Course Map
3 Resolution for the temporary closure of Pacific Coast Highway
:. ...:: : �4 Resolution for the temporary closure of local city streets
RCA Author: RH:no
rca.doc -3- 12/29/98 12:52 PM
ATTACHMENT # 1
MUTUAL AGREEMENT
BETWEEN THE
CITY OF HUNTINGTON BEACH AND RACE PACE PROMOTIONS
THIS AGREEMENT ("Agreement") is made and entered into this of
, 199_, by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY," and RACE PACE
PROMOTIONS, a sole proprietorship, hereinafter referred to as "RACE PACE."
WHEREAS, CITY wishes to be the host site for the Pacific Shoreline Huntington Beach
Marathon ("EVENT"), and
RACE PACE wishes to conduct the EVENT in Huntington Beach, California, and
Both parties need to accomplish long range planning in order to implement the EVENT,
and
It is in the best interest of both parties to agree to the general parameters of the terms and
conditions required of each organization in order to achieve the above.
NOW, THEREFORE, CITY and RACE PACE do mutually agree as follows:
SECTION 1. AUTHORITY
This Agreement is subject to Huntington Beach Municipal Code, Chapter 5.68, Specific
Events, which requires, among other things, for RACE PACE to apply for and process an annual
permit for the EVENT. Application to the Specific Events Committee may be made at any time
throughout the year, but not later than ninety(90) days prior to each year's EVENT. Specific
guidelines for each EVENT will be developed each year, depending upon-alterations to the
EVENT.
g:/agree/RacepPace/jmf/jn/12/28/98
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SECTION 2. APPLICATION AND PERMIT FEES
All fees are reviewed and approved by the Huntington Beach City Council on an annual
basis and may be subject to change. RACE PACE shall pay a non-refundable Seventy-five
Dollar($75) application fee prior to each year's EVENT. RACE PACE shall pay a permit fee of
Five Hundred Dollars ($500)per day(EVENT days only), which is due fourteen (14) days prior
to the start of each year's EVENT.
SECTION 3. TERM
This Agreement shall apply to the EVENT for the years 2000 through 2010 and shall
remain in effect until February 1, 2010, or until such time as either party gives the other party a
one-year«mitten notice that it no longer mutually agrees to the terms and conditions set forth
above.
SECTION 4. ALCOHOL SPONSORSHIP
The fee for alcohol sponsorship (including a television contract) is Four Thousand Five
Hundred Dollars ($4,500). Alcohol sponsorships also require that alcohol beverage advertising
include at least 20 percent (20%) of the total sign area to incorporate educational message
statements such as, "No Alcoholic Beverage Consumption on the Beach" and "Don't Drink and
Drive."
SECTION 5. FILM PERMIT
A film permit is required for videotaping or filming of the EVENT. The costs include a
Fifty Dollar($50) application fee and a Five Hundred Dollar(S500)per day permit fee. If the
above-mentioned alcohol sponsorship is paid, filming permit fees are included in the alcohol
sponsorship.
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SECTION 6. FIRE DEPARTMENT REQUIREMENTS
Emergency medical response plans must be developed in cooperation with and approved
by CITY's Fire Department. Emergency vehicle access must be maintained throughout the
EVENT at all times. A fire permit will be required for the use of tents and canopies. The cost is
One Hundred Twenty-five Dollars ($125), which RACE PACE shall pay prior to each year's
EVENT. A fire inspection will also be required on the final set-up days prior to each phase of
the EVENT. Radio communication between RACE PACE staff, volunteers and CITY public
safety staff must be maintained at all times during the EVENT. The radio communication plan is
the responsibility of RACE PACE and must be approved by CITY's Fire and Police Departments
and the Marine Safety Division.
SECTION 7. POLICE DEPARTMENT REQUIREMENTS
The total cost for police services will be estimated each year depending on the EVENT
size. RACE PACE shall pay this total cost prior to each year's EVENT. The plan for volunteer
placement for the purpose of monitoring road closure intersections must be approved by CITY's
Police Department. RACE PACE shall sufficiently train volunteers and instruct them to remain
at their designated site until the roads are reopened.
SECTION 8. HOLD HARMLESS
RACE PACE shall protect, defend, indemnify and save and hold harmless CITY, its
officers, officials, and employees, and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation, costs and fees of litigation of every nature) arising
out of or in connection with RACE PACE's performance of this Agreement or its failure to
comply with any of its obligations contained in this Agreement by RACE PACE, its officers,
g:/agree/RacepPace/jmf/jn/12/28/98
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i •
agents or employees except such loss or damage which was caused by the sole negligence or
willful misconduct of CITY.
SECTION 9. WORKERS' COMPENSATION INSURANCE
Pursuant to California Labor Code Section 1861, RACE PACE acknowledges awareness
of Section 3700 et seq. of said Code, which requires every employer to be insured against
liability for workers' compensation; RACE PACE covenants that it will comply with such
provisions prior to commencing performance of the work hereunder.
Unless RACE PACE files with CITY an approved signed Declaration of Non-Employer
Status, RACE PACE shall maintain workers' compensation insurance in an amount of not less
than One Hundred Thousand Dollars ($100,000)bodily injury by accident, each occurrence, One
Hundred Thousand Dollars ($100,000)bodily injury by disease, each employee, Two Hundred
Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit.
RACE PACE shall require all subcontractors to provide such workers' compensation
insurance for all of the subcontractors' employees. RACE PACE shall furnish to CITY a
certificate of waiver of subrogation under the terms of the workers' compensation insurance and
RACE PACE shall similarly require all subcontractors to waive subrogation.
SECTION 10. GENERAL LIABILITY INSURANCE
In addition to the workers' compensation insurance and RACE PACE's covenant to
indemnify CITY, RACE PACE shall obtain and furnish to CITY, a policy of general public
liability insurance, including motor vehicle coverage covering the EVENT. Said policy shall
indemnify RACE PACE, its officers, agents and employees, while acting within the scope of
their duties, against any and all claims arising out of or in connection with the EVENT, and shall
provide coverage in not less than the following amount: combined single limit bodily injury and
g:lagree/RacepPace/j m6j n/12/28/98
4
property damage, including products/completed operations liability and blanket contractual
liability, of$I,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit,the aggregate limit must be no less than 51,000,000 for this
EVENT. Said policy shall name CITY, its agents, its officers, employees and volunteers as
Additional Insureds, and shall specifically provide that any other insurance coverage which may
be applicable to the EVENT shall be deemed excess coverage and that RACE PACE's insurance
shall be primary.
Under no circumstances shall the above-mentioned insurance contain a self-insured
retention, or a "deductible" or any other similar form of limitation on the required coverage.
SECTION 11. CERTIFICATES OF INSLTRANCE
Prior to commencing performance of the work hereunder, RACE PACE shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty(30) days prior
written notice; however, ten days prior written notice in the event of cancellation
for nonpayment of premium.
RACE PACE shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by CITY.
The Agreement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of CITY by RACE PACE under the Agreement. CITY or its
gaagree/RacepPace/imVin/12/28/98
5
representative shall at all times have the right to demand the original or a copy of all said policies
of insurance. RACE PACE shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
SECTION 12. BUSINESS LICENSE
The following types of businesses that are not currently licensed in CITY are required to
have a City of Huntington Beach business license for specific events:
A. Any business or organization sponsoring or promoting the EVENT.
B. A vendor of food or merchandise.
C. A business making a pickup or delivery.
D. A business performing a service, e.g., installing a public announcement system,
setting up bleachers, security, etc.
E. A band or musical group providing entertainment.
F. A business advertising a product.
G. A nonprofit organization soliciting or distributing literature. (There is no fee for
nonprofit organizations if proper documents are provided.)
There are several different ways of obtaining a business license, such as a"blanket style"
taken out by the promoter of the event which would cover everyone involved. A one-day license
is also an option. An additional fee schedule is available based on the number of days and
number of vendor booths or stalls. This can be purchased on an annual or per event basis. A
business license for a specific event should be purchased a minimum of one (1) week prior to the
event. RACE PACE shall obtain the appropriate business license from CITY prior to each year's
EVENT.
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•
SECTION 13. PUBLIC WORKS
Closure of Pacific Coast Highway must adhere to guidelines set out and approved by the
California Department of Transportation("Cal Trans"). Closure of CITY streets must be
approved by resolution of the City Council. The attached Closure Plan has been approved by
Cal Trans and the City's Traffic Engineering Division (Exhibit"A"). Changes in the course may
be necessary due to construction or public safety needs. These changes must be initially
reviewed by the Specific Events Committee and CITY's Traffic Engineering Division, with final
approval by the Director of Public Works. Any changes to the Closure Plan for state highways
must obtain approval from Cal Trans. CITY's Public Works Department is responsible for the
posting of NO PARKING signs. The cost of this service will be determined by CITY's Public
Works Department and paid by RACE PACE prior to each year's EVENT. All temporary power
needs where there is a need to access CITY electrical power must be coordinated through
CITY's Public Works Department. The cost for this service will be determined on an annual
basis and paid by RACE PACE prior to each year's EVENT. CITY will work in cooperation
with RACE PACE to notify residents and businesses that are affected by the road closure.
SECTION 14. BANNERS,
There are numerous banner locations on light poles both on the pier and throughout the
CITY. For banners located on Beach Boulevard or Pacific Coast Highway, RACE PACE is
required to obtain a Cal Trans permit. No commercial advertising is permitted on either
thoroughfare. The cost of installing and removing banners and location availability is
determined by CITY's Public Works Department and paid by RACE PACE prior to each year's
EVENT. There are also three locations on Main Street for banners across the street and one
g:/agree/Rac epPace/jmf/jn/12/28198
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0 •
location at Pier Plaza. Reservations are subject to availability and all banners must comply with
CITY specifications.
SECTION 15. BEACH PARKING
Subject to approval by the Community Services Director, RACE PACE may arrange
parking for VIPs and participants for One Dollar($1) per space per day. Parking meters in the
downtown area will be operational during the EVENT and anyone parking in the downtown
parking structure will be charged the regular rate. RACE PACE must arrange a plan for all
parking for EVENT volunteers and vendors with City's Community Services Parking
Supervisor. RACE PACE must arrange accommodations for the parking needs of beach
concessionaires.
SECTION 16. BEACH CONCESSIONAIRES
RACE PACE shall make arrangements with concessionaires to provide food and
beverage needs for both the general public and EVENT staff for the EVENT. The impact of
bringing in outside food concessions on the beach shall be reviewed by the Specific Events
Committee and such may be a condition of approval for the EVENT. Dispensing of food and
beverage outside of the EVENT area and not specifically indicated on the permit will not be
allowed.
SECTION 17. MARINE SAFETY
Lifeguard emergency access must be maintained throughout the EVENT at all times.
CITY's area of responsibility is from Seapoint Street to Beach Boulevard. RACE shall be
responsible for obtaining the State's approval for maintaining lifeguard emergency access for the
areas along the beach and service road beyond these boundaries. Signs must be posted along the
g:,'agree/RacepPac e,j mVj n/12/2 8/98
8
beach service road thirty(30) days in advance advising the public of the EVENT. RACE PACE
shall pay for these costs prior to each year's EVENT.
SECTION 18. BEACH MAINTENANCE
Portable rest rooms and trash pickup and removal should follow the established
guidelines (one unit per five hundred (500) attendees, serviced daily.) If relocation of lifeguard
towers is necessary to accommodate the EVENT, there will be a charge for this service, which
RACE PACE shall pay prior to each year's EVENT.
SECTION 19. COMMUNITY DEVELOPMENT
RACE PACE is required to obtain a building permit for bleachers and platforms prior to
each year's EVENT. RACE PACE shall submit plans for approval a minimum of forty-five (45)
days prior to each year's EVENT. RACE PACE is required to obtain an electrical permit for
vehicle-mounted or portable generators prior to each year's EVENT. The EVENT must be in
compliance with the Americans with Disabilities Act.
SECTION 20. CITY EMPLOYEES AND OFFICIALS
RACE PACE shall employ no CITY official nor any regular CITY employee in the work
performed pursuant to this Agreement. No officer or employee of CITY shall have any financial
interest in this Agreement in violation of the applicable provisions of the California Government
Code.
SECTION 21. ASSIGNING AS BREACH
RACE PACE shall not encumber, assign, or otherwise transfer this Agreement, or any
right or interest in this Agreement, without the express written consent of CITY first had and
obtained. A consent by CITY to one assignment or transfer to another person shall not be
deemed to be a consent to any subsequent assignment or transfer to another person. Any
g:/agreeiRacepPaceijmf/jr/12/28i98
9
encumbrance, assignment or transfer,without the prior written consent of CITY, whether it be
voluntary or involuntary,by operation of law or otherwise, is void and shall, at the option of
CITY, terminate this Agreement.
SECTION 22. NOTICES
Any notice or special instructions required to be given in writing under this Agreement
shall be given either by personal delivery to RACE PACE or to CITY's Director of Community
Services as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, addressed as follows:
TO CITY: TO RACE PACE:
Ron Hagan Herb Massinger
Director of Community Service RACE PACE PROMOTIONS
City of Huntington Beach P.O. Box 795
2000 Main Street, P.O. Box 190 Dana Point, CA 92629
Huntington Beach, CA 92648
SECTION 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
RACE PACE and CITY agree that CITY is not liable for payment of any subcontractor
work involving legal services, and that such legal services are expressly outside the scope of
services contemplated hereunder. RACE PACE understands that pursuant to Huntington Beach
City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY
shall not be liable for payment of any legal services expenses incurred by RACE PACE.
SECTION 24. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
Agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
SIGNATURES ON NEXT PAGE
g:/agree/RacepP ace/j mf/j n/12/28i98
10
0 0
SECTION 25. ENTIRETY
The foregoing, and Exhibit"A"attached hereto, set forth the entire Agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
RACE PACE PROMOTIONS, CITY OF HUNTINGTON BEACH,
a sole proprietorship a municipal corporation of the
State of California
By:
Mayor
(print name) iZ12j)98
Its Owner ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator Di ctor of ommunity Services
g:lagree•'IZacepPace;}mf?jni 1128(99
II
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............................
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ATTAC H M E N T
#3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH FOR THE TEMPORARY CLOSURE OF
PORTIONS OF GOLDENWEST STREET, GARFIELD AVENUE,
EDWARDS STREET, ELLIS AVENUE, PALM AVENUE, AND
SEAPOINT STREET FOR THE
PACIFIC SHORELINE MARATHON RUN
WHEREAS, the City Council of the City of Huntington Beach desires to support
community events and bring tourism to the City; and
The City of Huntington Beach is a participating host of the Pacific Shoreline
Marathon run in January of each year on the last Sunday of the month, and;
The event organizers, Race Pace Promotions desire to enter into a ten-year agreement
to build a world-class marathon in the City of Huntington Beach and to showcase portions of
the city, and;
This community event will require the closing of city streets to accommodate
participants and guarantee public safety,
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City
of Huntington Beach approves the closure of Goldenwest Street., Garfield Avenue, Edwards
Street, Ellis Avenue, Palm Avenue, Seapoint Street or other streets as deemed necessary for
event management and public safety on the last Sunday of the month of January beginning in
the year 2000 and ending in the year 2010 to accommodate the participants in the Pacific
Shoreline Marathon.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of ,
Mayor
ATTEST:
APPROVED S TO FORM:
City Clerk
1/-Fity Attorney q1 •�I f�'c��
REVIEWED AND APPROVED: INITIATED AP ROVED:
City Administrafor i ector Community Services
jmVj n/closeave/12/16/98
ATTACHMENT #4
i •
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REQUESTING CALTRANS TO
APPROVE THE CLOSING OF PACIFIC COAST HIGHWAY BETWEEN
BEACH BOULEVARD AND WARIER AVENUE FOR THE
PACIFIC SHORELINE MARATHON RUN FOR THE YEARS 2000-2010
N'-'HEREAS, the City Council of the City of Huntington Beach desires to support
~ community events and bring tourism to the City; and
The City of Huntington Beach is a participating host of the Pacific Shoreline
Marathon run in January of each year on the last Sunday of the month, and;
This community event will require the closing of Pacific Coast Highway between
Beach Boulevard and Warner Avenue, which requires the approval of Caltrans,
NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the
City of Huntington Beach requests that Caltrans approve the closure of Pacific Coast
Highway between Beach Boulevard and Warner Avenue on the last Sunday of the month
of January each year beginning in 2000 and ending in 2010 to accommodate the
participants in the Pacific Shoreline Marathon.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach
at a regular meeting thereof held on the day of
Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk
G—-a h-.z,_ypity Attorney zj�� ,
REVIEWED AND APPROVED: INITIATED PROVED:
x..:. 7 J'Lz-"PV .
City Administrator iZfrectoi uVCommunity Services
jmf/jnhnarathon/12/16/98
RCA ROUTING SHEET
INITIATING DEPARTMENT: Commun4 Services
SUBJECT: Pacific Shoreline Marathon
COUNCIL MEETING DATE: January 4, 1999
.RCNATTACHMENTS : STATUS
Ordinance (w/exhibits & legislative draft if applicable) i Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Tract Map, Location Map and/or other Exhibits Attached
Contract/Agreement (w/exhibits if applicable)
(Signed in full bX the City Attomeyj Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Not Applicable
Financial Impact Statement Unbud et, over $5,000 Not Applicable
Bonds If applicable) Not Applicable
Staff Report (if applicable) Not Applicable
Commission, Board or Committee Report (If applicable) Not Applicable
Findings/Conditions for Approval and/or Denial Not Applicable
EXP.LANATIONFOR MISSING'ATTACHMENTS
:.REVIEWED - RETURNED FOR. ED:
Administrative Staff )
Assistant City Administrator Initial
City Administrator Initial
City Clerk ( )
EXPLANAT.I:ON: FORRETURN:OF:ITEM
SpaceOnly)
RCA Author: